Reimers v. Schmitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernhard FT. Reimers, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 24th day of May, 1901, interpleading and substituting Christina Schmitt, as administratrix, etc., of Frederick J. Weiner, deceased, and others, certain of the next of kin of Frederick J. Weiner, deceased, as defendants, in place and instead of Christina Schmitt, individually.
1Opinion of the Court
Hirschberg, J.:
This is an action in replevin by which the plaintiff seeks to recover from the defendant, individually, the possession of a diamond stud. The complaint is verified and alleges that the defendant wrongfully took the stud from, the plaintiff on or about the 16tli day of April, 1901. The plaintiff alleges in his affidavit, *300filed in opposition to the motion for substitution herein, that the stud was given to him by one Frank* J. Weiner, now deceased, during his lifetime ; that after the death of said Weiner the defendant was appointed his administratrix, and that she and her…
2Cases cited1 opinion
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
3Cited by2 opinions
- Lathrop v. Twelfth Ward BankAppellate Division of the Supreme Court of the State of New York · 1911
- Moran v. MorrillAppellate Division of the Supreme Court of the State of New York · 1903